Doc. 9449

7 May 2002

Effective implementation of criminal justice in the fight against terrorism

Motion for a resolution

presented by Mr Gürkan and others

      The Assembly,

      Strongly condemning the devastating terrorist attacks which took place in the United States on 11 September 2001;

      Recognising that international terrorism is a type of crime which raises a number of political, ideological, social, nationalistic, religious and ethnic problems;

      Affirming once again the global scale of the threat of international terrorism and the urgent need for more effective co-operation measures in order to combat it;

      In this context, reaffirming United Nations Security Council Resolutions 1269 (1999), 1368 (2001) and 1373 (2001);

      Recalling the European Convention on the Suppression of Terrorism and the United Nations International Convention for the Suppression of Terrorist Bombings;

      Desiring further co-operation within the borders of Europe with a view to the effective prevention and combating of terrorist crimes;

      Recognising the need for criminal justice to be administered in an effective and urgent manner, providing judicial and law-enforcement authorities with unique tools in order to take appropriate measures to fight terrorism,

      Calls upon member states:

1.       to submit the matter to their own competent authorities in order to initiate proceedings in the event of refusal to comply with an extradition request on the basis of nationality as stated in Article 6 of the European Convention on Extradition;

2.       to take the necessary steps to prevent any refusal of an extradition request on the sole ground that it concerns a political offence or an offence connected with a political offence or an offence inspired by political motives, as indicated in Article 2 of the European Convention on the Suppression of Terrorism;

3.       to implement the principles of aut dedere aut iudicare in the extradition process in order to fulfil the requirements of Article 7 of the above-mentioned Convention, by bringing the case without exception whatsoever and without undue delay before the competent authorities for the purpose of prosecution;

4.       to initiate a serious and comprehensive investigation concerning asylum seekers in order to find out whether they have been involved in terrorist activities or not;

5.       to work together urgently to prevent abuses of granting refugee status according to the United Nations Convention of 1951 and the 1967 Protocol Relating to the status of Refugees and accelerate the extradition procedures related to terrorist acts, particularly to avoid criminal impunity of offenders by means of all related international legal instruments;

6.       to consider the possibility, in case of refusal of the extradition request, to permit the requesting state, in whose territory the terrorist act is committed, to be a party to the criminal proceedings;

7.       to accede to the European Convention on the Transfer of Proceedings in Criminal Matters without delay to overcome the serious problems resulting from jurisdictional disputes, and thus

8.       to facilitate the fight against terrorism decisively.

Signed : ¹

Gürkan, Turkey, SOC

Akçali, Turkey, EDG

Akgönenç, Turkey, EDG

Andican, Turkey, EDG

Belohorská, Slovakia, EDG

Cerrahoğlu, Turkey, EDG

Chapman, United Kingdom, EDG

Giertych, Poland, EDG

Gönül, Turkey, EPP

Gülek, Turkey, SOC

Huseynov A, Azerbaijan, EDG

Huseynov R, Azerbaijan, LDR

Kalkan, Turkey, EDG

Keltošová, Slovakia, EDG

Knight, United Kingdom, EDG

Libicki, Poland, EDG

Mutman, Turkey, SOC

Sağlam, Turkey, EPP

Seyidov, Azerbaijan, EDG

Shakhtakhtinskaya, Azerbaijan, EDG

Telek, Turkey, EDG

Tkáç, Slovakia, EDG

Wilkinson, United Kingdom, EDG

Yürür, Turkey, EDG

¹        SOC: Socialist Group

      EPP: Group of the European People’s Party

      EDG: European Democratic Group

      LDR : Liberal, Democratic and Reformers’ Group

      UEL: Group of the Unified European Left

      NR: not registered in a group